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HomeMy WebLinkAboutCC RESO 4849RESOLUTION NO. 4849 BE IT RESOLVED by the City Council of the City of National City, California, that the Mayor of the City of National City is authorized and directed to execute that certain contract between THE CITY OF NATIONAL CITY and CARROLL & FOSTER, a copy of said contract is attached to this reso- lution and made a part and parcel hereof. PASSED AND ADOPTED by the City Council of the City of National City, California, this 7th day of AYES: December , 19__48 , by the following vote, to -wit: Councilmen .Aae I).....__C>1 ry_}_Ida tthe .Tha1a.cher_,.__Eri_ z NAYS: Councilmen _NSne ABSENT: None ATTEST: City Clerk. {Y"""mac•__"` - V l Mayor of the City of National City, Califor I hereby approve the foregoing { Resxxit lid this 7th .day of Dec_exaber , 19.48. Mayor the City National City, California I hereby certify that the above and foregoing is a full and true copy of of the { Resolutions Ordinances Resolution Ordinance j No Iof the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the day of 19 City Clerk of the City of National City, California. Deputy F SEWERS STORM DRAINS EXCAVATING M. MILLER COMPANY - BONDED CONTRACTORS 877 NORTH BUNKER HILL AVENUE Los ANGELES 12, CALIFORNIA October 21, 1948 Honorable City Council City of National City National City, California Gentlemen; TELEPHONE MUTUAL 8922 Re: Sanitary Sewers Bids opened 10/19/48 We hereby waive the condition contained in our bids, that we be awarded all three sections of the job, or none at all. We are willing to accept all or any par- ticular unit in which we are the lowest bidder. djp/tjy Very truly you_,, M. MILLER OW Y sident SEWER AND WATER SYSTEMS STREET AND ROAD IMPROVEMENTS HARRY L. FOSTER B. G. CARROLL 4/y CARROT 4L ENGINEERING C O N Ji ©SI R TRACTORS 2260 MAIN STREET TELEPHONE MAIN SOOY SAN DIEGO 2, CALIFORNIA. December 1, 1948 Honorable City Council The City of National. City City Hall National City, California Gentlemen: On November 2, 1948, your honorable body awarded to the under- signed a contract for the furnishing of all materials and construction of sanitary sewers, manholes and appurtenances, as described in that certain notice to contractors and call for sealed bids dated September 24, 1948. The portion of the work so awarded to the undersigned is referred to in said notice as Job No. According to said notice, the successfulbidder will suffer a forfeiture of his bid bond if he refuses to enter into the contract so awarded after being requested so to do by your honorable body. You have advised us that the only city funds available to pay this contract are certain moneys on deposit in the Capital Outlays Fund of your city. As you,know, a question has arisen as to whether or not these funds May lawfully be used to pay the amounts dueunder said contract when the work is performed. As a result, you have received advice from City Attorney Merideth L. Campbell that the use *)these funds for this purpose must first be approved by a judg�mmnt of a court of competent jurisdiction. Our attorneys ha'* f'also advised us that a test suit should be filed immediately in order to obtain an authortative answer to the questions concerning this matter. As we have previously advised you, the undersigned and the other contractors to whom you awarded contracts on October 19, 1948 for the furnishing of materials and construction of sanitary sewers, manholes and appurtenances under the same call for sealed bids have agreed to employ attorneys to commence an action in the Supreme Court of this state for the purpose indicated. However, our attorneys tell us that they cannot assure us of a decision on this matter by any particmTpr _- ✓r SEWER AND WATER SYSTEMS STREET AND ROAD IMPROVEMENTS HARRY L. FOSTER B. G. CARROLL CARROTAL FOS ER ENGINEERING CONTRACTORS 2260 MAIN STREET TELEPHONE MAIN 5007 SAN DIEGO 2, CALIFORNIA -2- We are anxious, ready, willing and able to proceed with the performance of the contract thus awarded to us. We understand, of course, that your honorable body must insist that the matter be handled in such a way as to comply with the applicable law and, of course, we join with you in such view. We also recog- nize that our mutualprotection requires the litigation of this matter. However, the undersigned bid for this work on the basis of material. and labor costs at the time the bid was prepared. Consequently, we feel we are entitled to have some agreement with you concerning the length of time we should be expected to hold ourselves ready to perform. e are respectfully submitting to you at this time an agreement intended to accomplish the purposes above noted. If it is satis- factory to you, we suggest that your honorable body adopt a resolution authorizing the Mayor to sign the same. Upon the adoption of such a resolution we are prepared, on our part, to sign the same. Yo s very truly:Fe/4, f